[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3254 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. 3254
To provide for a land exchange involving certain National Forest System
land in the State of South Dakota, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2016
Mr. Thune (for himself and Mr. Rounds) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for a land exchange involving certain National Forest System
land in the State of South Dakota, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spearfish Canyon and Bismarck Lake
Land Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) the approximately 1,468 acres of land
(including any improvements to the land) in the Forest
that is--
(i) known as the ``Spearfish Canyon Area'';
and
(ii) generally depicted on the map
described in paragraph (3)(A); and
(B) the approximately 524 acres of land (including
any improvements to the land) in the Forest that is--
(i) known as the ``Bismarck Lake Area'';
and
(ii) generally depicted on the map
described in paragraph (3)(B).
(2) Forest.--The term ``Forest'' means the Black Hills
National Forest in the State.
(3) Maps.--The term ``Maps'' means each of--
(A) the map entitled ``Spearfish Canyon Area
Federal Land'' and dated June 8, 2016;
(B) the map entitled ``Bismarck Lake Area Federal
Land'' and dated June 8, 2016;
(C) the map entitled ``Lyman County Non-Federal
Land'' and dated June 8, 2016;
(D) the map entitled ``Pennington County Non-
Federal Land'' and dated June 8, 2016; and
(E) the map entitled ``Lawrence County Non-Federal
Land'' and dated June 8, 2016.
(4) Non-federal land.--The term ``non-Federal land'' means
the 4 parcels of land, comprising approximately 1,954 acres, as
depicted on the maps described in subparagraphs (C), (D), and
(E) of paragraph (3).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) State.--The term ``State'' means the State of South
Dakota.
SEC. 3. LAND EXCHANGE, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA.
(a) Land Exchange Required.--If the State conveys to the Secretary
all right, title, and interest of the State in and to the non-Federal
land, the Secretary shall convey to the State all right, title, and
interest of the United States in and to the Federal land.
(b) Appraisals.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the State shall select
an appraiser to conduct appraisals of the Federal land and non-
Federal land.
(2) Requirements.--
(A) In general.--Except as provided in subparagraph
(B), an appraisal required under this subsection shall
be conducted in accordance with nationally recognized
appraisal standards, including--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(B) Agricultural value.--The value of the Federal
land and non-Federal land shall be determined based on
the agricultural value of the Federal land and non-
Federal land to be exchanged.
(c) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under subsection (a) shall--
(A) be equal; or
(B) be equalized in accordance with this
subsection.
(2) Surplus of federal land.--If the final appraised value
of the Federal land exceeds the final appraised value of the
non-Federal land, the State shall--
(A) convey additional non-Federal land in the State
to the Secretary, consistent with the requirements of
this Act;
(B) make a cash payment to the Secretary; or
(C) use a combination of the methods described in
subparagraphs (A) and (B), as agreed to by the
Secretary and the State.
(3) Surplus of non-federal land.--If the final appraised
value of the non-Federal land exceeds the final appraised value
of the Federal land, parcels of the non-Federal land may be
excluded from the exchange in sufficient quantity to result in
an equal value exchange.
(d) Survey; Administrative Costs.--
(1) In general.--The exact acreage and legal description of
the land to be exchanged under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(2) Costs.--The costs of the survey and any administrative
costs relating to the land exchange shall be paid by the State.
(e) NEPA Compliance.--
(1) Deadline for completion.--Not later than 1 year after
the date on which the State offers to convey the non-Federal
land to the Secretary under subsection (a), the Secretary shall
complete any environmental analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to the land exchange carried out under this section.
(2) Costs.--The costs of any environmental analysis under
this subsection shall be paid by the Secretary.
(f) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to any additional terms and conditions
that the Secretary and the State may agree on.
SEC. 4. MANAGEMENT OF NON-FEDERAL AND FEDERAL LAND.
(a) In General.--The non-Federal land acquired by the Secretary
under section 3 shall be--
(1) added to, and administered as part of, the Forest; and
(2) managed in accordance with the laws (including
regulations) applicable to the National Forest System.
(b) Grazing on Non-Federal Land.--If the non-Federal land exchanged
under this Act is subject to a lease, permit, or contract for the
grazing of domestic livestock in effect on the date of acquisition of
the non-Federal land, the Secretary shall allow the grazing to continue
subject to the related terms and conditions of user agreements,
including permitted stocking rates, grazing fee levels, access rights,
and ownership and use of range improvements.
(c) Condition on Use of Federal Land.--As a condition of the land
exchange under this Act, the Federal land acquired by the State under
section 3 shall be managed by the State for public recreation uses and
the conservation of natural resources.
SEC. 5. MAPS.
(a) Availability.--The Maps shall be on file and available for
public inspection in the Office of the Forest Supervisor of the Forest.
(b) Corrections.--With the agreement of the State, the Secretary
may make technical corrections to the Maps and legal descriptions of
the Federal land and non-Federal land to be exchanged under this
section.
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